Need to know if I have a case on work place harassment

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Need to know if I have a case on work place harassment

I’m a group home manager a few months ago I started feeling I was being harassed by some of the executive admin at my company and filed a grievance against the director of services and felt nothing was resolved I wrote another complaint on the issue and then had one of my family members diagnosed with cancer and went out on FMLA I returned today and was told 2 hours into my shift that my assistant manager would now be co-manager of the home I manage there is no reason for this.

Asked on July 22, 2019 under Employment Labor Law, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

There may be nothing you can do:
1) If you were harassed over your race, sex, religion, color, national origin, age 40 or over, or disability (if any), then you may have an EEOC complaint: harassment or discrimination on those bases are specifically prohibited or forbidden. But other than those few forms of harassment or discrimination specifically forbidden by law, it is legal to harass an employee. Employment in this nation is "employment at will": among other things, that means, quite frankly, that there is no inherent right to fair or professional treatment at work, and your coworkers, employers, supervisors, etc. may be rude or disrespectful to you or harass you, and that is legal.
2) You can't lose pay or benefits due to being out on FMLA leave--if you did, contact your state or the federal department of labor--but that doesn't mean that another employee cannot be promoted to an equal level, or even over you. So the assistant manager being promoted to co-manager is not illegal.


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